ROOPESH T.U. Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 28th day of September 2020 Application for bail under Section 439 Cr.P.C. The applicant is the 1st accused in Crime No.28/2019 of Excise Range, Thrissur for having allegedly committed offences punishable under Sections 32B(a), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 ('NDPS Act', for short).

(2.) The prosecution case, in brief, is that on 05.10.2019 the applicant and the 2nd accused were arrested for having been in possession of 226.130 Kgs. of Ganja. The applicant was remanded to judicial custody on 06.10.2019 and continues to remain in jail. The Public Prosecutor filed an application before the Special Court, Thrissur on 25.03.2020 seeking an extension of the period stipulated under sub-Section (4) of Section 36A of the NDPS Act for investigation beyond a period of 180 days. For the reasons stated in Annexure-3 application, the learned Sessions Judge vide Annexure-4 order allowed the extension by granting a further time of 90 days for investigation. On 21.05.2020, the Public Prosecutor filed yet another application seeking extension of the time beyond the period of 90 days allowed by the Court as Annexure-5. And the Court granted a further extension of 90 days vide Annexure-6 order. The bail application filed by the accused was considered on 03.06.2020 and dismissed vide Annexure-7.

(3.) The applicant is aggrieved with the rejection of his bail application and has, therefore, approached this Court for indulgence. It is stated by the applicant that the extension of time to complete investigation by the Designated Court was improper, and that he is entitled to default bail under Section 36A(4) of the NDPS Act read with Section 167(2) of the Cr.P.C., for the following reasons :-